James Earl Hines v. James Gomez, Director of the California Department of Corrections Peggy L. Kernan, Warden

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Earl HINES, Petitioner-Appellant, v. James GOMEZ, Director of the California Department of Corrections; Peggy L. Kernan, Warden, Respondents-Appellees. No. 94-15506. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1994. * Decided Oct. 7, 1994. Before: GOODWIN, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 James Earl Hines appeals the district court's grant of summary judgment in favor of the Government in this Sec. 2254 habeas corpus case. We affirm. 3 The decision whether to grant or deny a petition for habeas corpus is reviewed de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994), as is a grant of summary judgment. Jesinger v. Nevada Federal Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). For the reasons discussed below, we hold that the district court was correct in concluding that Hines has not presented any genuine issues of material fact and that his petition…